June 20, 2013

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING June 20, 2013 The West Orange Zoning Board of Adjustment held a regular meeting on June 20, 2013 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Neuer called the meeting to order at approximately 8:00 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on November 21, 2012 in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, G. Bullock, D. Gabry, P. Neuer, B. Quentzel (8:02), W. Steinhart, M. Sussman ABSENT: W. Merklinger (excused absence) A. Weiss (excused absence) ALSO PRESENT: P. Grygiel, Consulting Planner/Acting Planning Director E. Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Chairman Neuer made the following announcements: Future Meetings: July 18, 2013 (Regular Meeting) — 8:00 PM August 15, 2013 (Regular Meeting) — 8:00 PM September 12, 2013 (Regular Meeting} — 8:00 PM « Application ZB-13-05/Nicolas which is scheduled to be heard at this meeting is adjoumed at the request of the Applicant. This matter is carried to the next Zoning Board of Adjustment meeting to be held on July 18, 2013. e William Steinhart was reappointed as a regular member of the Zoning Board of Adjustment by Councilwoman Susan McCartney. His reappointment term will begin on TA/13 and end on 6/30/17.

REORGANIZATION Vote: A motion to nominate Ms. Gabry as Chairwoman was made by Mr. Buechler and Mr. Steinhart seconded the motion. There were no further nominations for Chairperson. Chairman Neuer called for the vote and it was voted upon all to none. A motion to nominate Mr. Buechler as Vice Chairman was made by Ms. Gabry and Mr, Sussman seconded the motion. There were no further nominations for Vice Chairman. Chairman Neuer called for the vote and it was voted upon all to none. A motion to reappoint Ms. DeSena as Board Secretary was made by Mr. Steinhart and Chairman Neuer seconded the motion. Chairman Neuer called for the vote and it was voted upon all to none. A motion fo reappoint Ms, Beirne as Board Attorney was made by Ms. Gabry and Mr. Bullock seconded the motion. Chairman Neuer called for the vote and it was voted upon all to none. A motion to reappoint Debbie Dillon, c/a Audio Digital Transcribing Services, as the Board Transcriber was made by Mr. Neuer and Mr. Sussman seconded the motion. Chairman Neuer called for the vote and it was voted upon all to none. Chairman Neuer noted for the record that the swearing in will take place on July 18, 2013. MINUTES Adopt Minutes: May 23, 2013 (Regular Meeting) Vice Chairwoman Gabry stated that her comments were given to the Board Secretary and inserted into these minutes. Chairman Neuer asked for a motion to approve the minutes of the regular meeting held on May 23, 2013. Ms. Gabry made a motion to approve the minutes; Mr. Sussman seconded the motion and all were in favor. Tt was noted for the record by Chairman Neuer that Mr. Buechler was present but did not vote. SWEARING IN Consulting Engineer, Eric Keller and Consulting Planner for the Township, Paul Grygiel were sworn under oath.

RESOLUTIONS 1. ZB-13-04/Congregation Ahawas Achim B’Nai Jacob & David Approved 5/23/13 700 Pleasant Valley Way Block: 153.21; Lot: 31; Zone: R-5 “C” variance to install a 5’ fence in the front yard of the property Chairman Neuer stated for the record that Mr, Buechler, who is recused from participating on this application, stepped down from the dais. Ms. Beirne noted the revisions that were suggested by Ms. Gabry for this resolution. She stated that she approved these revisions and that she incorporated them into the resolution. Chairman Neuer asked if the Board had any other comments or suggested revisions for this resolution; seeing none the Chairman asked for a motion to approve with the revisions. Ms. Gabry made a motion to approve with revisions; Mr. Quentzel seconded the motion. The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: - Merklinger: - Chairman Neuer Yes Quentzel: Yes Chairman Neuer noted that Mr. Buechler resumed his place on the dais. 2. ZB-12-19/Rustagi Approved 12/20/12 Block: 167.03; Lot: 34; Zone: R-3AH Requesting two (2) “C” variances for rear set back to build a deck and height for raising an existing retaining wall. Mr. Buechler noted the revisions that he suggested to Ms. Beirne for this resolution. Ms. Beirne stated that she approved these revisions and that she included them into the resolution. Chairman Neuer asked if the Board had any other comments or suggested revisions for this resolution; seeing none the Chairman asked for a motion to approve with the revisions. Mr. Buechler made a motion to approve as revised; Ms. Gabry seconded the motion.

The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: - Merklinger: - Chairman Neuer - Quentzel: Yes APPLICATIONS 1, 7B-13-06/Stratford Manor Rehabilitation & Care Center, LLC Block: 166.15; Lot: 7; Zone: OB-1 “D” variance for the expansion of a non conforming use and several “C” variances for a building addition, increased parking, lot coverage and providing outdoor seating. EXHIBITS A-1 - Proposed Conditions Site Plan Exhibit dated 6/20/13 A-2 —Tree Removal Plan dated 3/20/13 A-3 — Landscape Plan dated 3/20/13 A-4 — Lighting Plan dated 3/20/13 A-5- Existing Conditions Exhibit dated 6/20/13 A-6 — Existing Conditions (sheet) dated 3/20/13 A-7 — Proposed Conditions Overall Plan dated 3/20/13 A-8 — Geometry Plan (sheet 5) dated 3/20/13, revised dated 3/24/13 A-9 — Therapy Room Expansion Plan (sheet A-1) dated 11/14/12 A-10— Meeting room Expansion Plan dated 11/14/12 A-11 — Markovski Landscaping Proposal dated 6/11/13 Robert Williams, Esq., attorney for the applicant, approached the podium and detailed the application. He stated that this application is a simple request to expand the existing therapy room and meeting room and to construct a small patio outdoors. Mr. Williams said that everything else will remain the same. He said that the gravel area in the parking lot in front of the building and the rear parking area will be finished off and both parking lots will be striped. Ms. Gabry asked Mr. Williams what is being proposed for the concrete patio located on the west side of the building. Mr. Williams stated that the proposed expansion of the therapy room will be in this area. Ms. Beirne asked Mr. Williams to confirm, on record, that the 200’ property list that was included in the application package is the updated list; Mr. Williams confirmed that it is the updated list required for noticing,

Chairman Neuer referred to a letter dated 5/29/13, signed by Ms. Rappaport, which referenced an additional lot being included in the application, The Chairman asked Mr. Williams if he wanted to amend the application to include this lot. Mr. Williams asked to amend the application to include Lot 11.04. The amendment was approved by the Chairman. Mr. Williams called his first witness. Edward F,. Wilkes approached the podium and was sworn under oath. Mr. Wilkes detailed his educational and professional backgrounds and stated that he is a Professional Engineer licensed in the State of New Jersey for two years. Chairman Neuer asked Mr. Wilkes if he prepared the plans submitted with the application; Mr. Wilkes replied yes. Chairman Neuer asked Mr. Wilkes if he worked on projects of similar size or scope; Mr. Wilkes replied yes. Chairman Neuer accepted Mr, Wilkes as an expert in Professional Engineering. Mr. Wilkes presented the existing conditions exhibit. Chairman Neuer noted that the existing conditions exhibit was pre-marked as Exhibit A-5 for identification. He asked Mr. Wilkes who prepared this exhibit and to identify the source of the aerial photo. Mr. Wilkes said that he superimposed the existing conditions onto an aerial photo which is published on-line. Mr. Wilkes began detailing the existing conditions noting the surroundings and the parking and storage areas on premises. Chairman Neuer asked Mr. Wilkes how many parking spaces will be striped. Mr. Wilkes stated that there are currently 54 parking spaces and they are proposing 65 if the application is approved. He said all of them will be striped. Chairman Neuer asked if the maximum permissible lot coverage is being exceeded; Mr. Wilkes replied yes and opined that the design of the drainage took this into account. Mr, Wilkes presented the site plan exhibit showing the proposed conditions. Mr. Williams stated that Mr. Wilkes took what they are proposing and superimposed it on this exhibit. Chairman Neuer noted for the record that the site plan showing the proposed conditions was pre-marked as Exhibit A-1 for identification. Mr. Wilkes referred to Exhibit A-1 and detailed what is being proposed. He said that they are re- configuring the parking area, proposing a 750 sq. ft. expansion of the existing therapy room, a 520 sq. ft. expansion of the meeting room in the rear and providing a concrete patio

d that they are re- configuring the parking area, proposing a 750 sq. ft. expansion of the existing therapy room, a 520 sq. ft. expansion of the meeting room in the rear and providing a concrete patio for outdoor seating. He said that they are also proposing a 6’ white vinyl fence to be installed around the patio area and adding new landscaping. Mr. Wilkes detailed what they will be doing in the rear parking lot. He said that they will stripe four parking stalls, place one of the dumpsters on a concrete pad and relocate it to the rear end of the building and the relocate the other dumpster to the end of the parking area. Mr. Wilkes stated that they are proposing adding sidewalks, handicapped ramps and crosswalks along Northfield Avenue. Mr. Buechler asked Mr. Wilkes if they are going to repave both parking lots; Mr. Wilkes replied yes.

Mr. Buechler asked Mr, Wilkes if they received a copy of the Township Forester’s memo dated 5/30/13. Mr. Wilkes replied yes and stated that they will comply with Mr. Linson’s suggestions. Mr. Quentzel asked Mr. Wilkes about the run off problems; Mr, Wilkes stated that they are going to address them. Mr. Buechler asked Mr. Wilkes what they are proposing for the buffer area between the nursing home and the houses; Mr. Wilkes said that their Landscape Architect will answer those questions. Mr. Gabry asked Mr. Wilkes if 65 parking spaces are being proposed; Mr. Wilkes replied yes. Mr. Williams referred to the letter from Eric Keller, dated 6/7/13 and asked Mr. Wilkes to address the comments in. the letter. #1—Mr. Wilkes stated that the existing garage will be used for storage only and not for parking. #2 —Mr. Wilkes stated that the applicant will comply by lowering the sidewalk 6” to bring it up code for handicapped regulations. #3 — Mr. Wilkes stated that the dumpsters are for cardboard only because they do not use plastic or glass at the facility so there is no need to recycle that; He said that all they recycle is cardboard and newspaper. Mr, Buechler asked if they will comply if this changes in the future; Mr. Wilkes said that glass and plastic has not been used in 40 years but they will comply if this does change. #4 — Mr. Wilkes addressed the installation of sidewalks on Northfield Avenue as proposed. He said that there are large trees in that area and that they will not be able to put sidewalks in as shown. Mr. Wilkes said that they will have to meander between utility poles and the large trees. He said that two of the trees will survive but the 7’ tree may not. Chairman Neuer said that they will have to submit updated plans to reflect that change. Mr. Wilkes stated that if the County Planning Board does not approve this, then they will install the sidewalks as proposed. Chairman Neuer asked Mr. Keller to talk to the Township Engineer, Mr. Lepore, about the sidewalk change. Mr. Keller said that this application was approved by the Township’s Planning Board two years ago and that he will check with Mr. Lepore to see why they wanted them to install the sidewalk on Northfield Avenue. #5 — Mr. Wilkes stated that there should be no problem with steep slope concerns because the area was landscaped. Chairman Neuer stated that Mr. Keller believes that

he sidewalk on Northfield Avenue. #5 — Mr. Wilkes stated that there should be no problem with steep slope concerns because the area was landscaped. Chairman Neuer stated that Mr. Keller believes that this puts them in violation of the Township’s natural features ordinance and would create a steep slope. Mr. Keller stated that he will work it out with the applicant. Chairman Neuer said after it is worked out they are to submit the revised plans, ten (10) days before the next meeting so that the Board can review them. #6 —Mr., Wilkes stated that they will comply with the shoe box lighting suggestions. #7 - Mr. Wilkes stated that they will comply with the suggestion to install commercial parking lot lighting in the Northfield Avenue parking lot.

#8 — Mr. Wilkes stated that they do not need a rain garden to prevent storm water flowing down the steep slopes. He said that if Mr. Keller strongly suggests a rain garden then they will do it. Mr. Keller stated that they will work it out. #9 — Mr. Wilkes stated that the reason that the storm drainage pipes were not identified on the plans is because the sewer system is buried. He said that they will go out and dig it up; Mr. Buechler said that identifying the storm drainage pipes and cleaning them out will be a condition. #10 —Mr. Wilkes said they will comply with getting the appropriate approvals from the Essex County Engineer’s office regarding discharge points of the on-site drainage being connected into the Essex County drainage system in Northfield Avenue. #11—Mr. Wilkes stated that the grate elevation of inlet A3 will be revised to reflect the adjusted grading being proposed in the rear parking lot. #12 — Mr. Wilkes stated that they will comply and replace all of the inlet curb pieces on site with water quality heads. #13 — Mr. Wilkes stated that they will prepare an Operation and Maintenance Manual for storm water management systems on site. #14 —Mr. Wilkes stated that the generator will be raised up after they re-grade the rear parking lot and the adjustments to the generator pad will be shown on the site plans. #15 — Mr. Wilkes stated that additional protection will be provided around the existing generator. #16 — Mr. Wilkes noted the location of the HVAC system and said that there will not be any upgrades or changes to it. #17 —Mr. Wilkes stated that they will show, on the site plans, the area of disturbance presently shown on the Soil Erosion & Sediment Control Plan. #18 & #19 — Mr. Wilkes stated that their Landscape Architect will address the plantings. Mr. Buechler asked Mr. Keller if his recommendations from his memo’s dated 5/16/13 and 6/4/13 were satisfied; Mr. Keller stated that the applicant still has a couple of minor things to incorporate into the plans. Mr. Buechler asked Mr. Keller if the checklist waivers were acceptable; Mr. Keller replied yes. Mr. Grygiel stated that the applicant is to make sure that the prior code violations were rectified; Mtr. Wilkes said that he would comply. Mr. Grygiel asked Mr. Wilkes how they recycle plastics or bottles that an employee may bring in; Mr. Wilkes stated that the employees are

ations were rectified; Mtr. Wilkes said that he would comply. Mr. Grygiel asked Mr. Wilkes how they recycle plastics or bottles that an employee may bring in; Mr. Wilkes stated that the employees are instructed not to bring in any plastics or glass. There were no further questions for Mr. Wilkes. Chairman Neuer asked if any members of the public had any questions for Mr. Wilkes; seeing none. Mr. Williams called his next witness.